it will come back to me in due time. oh, well, maybe it won't. [ laughter ] >> bret: thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. >> shepard: this is the fox report. breaking news now. for the third time in two weeks a member of the military in charge of preventing sexual assault is in trouble with the law. this time it's about stalking. plus, twisters in twisters everything in their paths,. >> there is nothing left. >> i mean, everything is gone. >> shepard: it was a whole string of tornadoes. folks say one of them was a mile wild. tonight, the damage, the destruction, and the search for survivors. new word that lawyers for jodi arias tried to quit her case after a jury convicted her of killing her ex-boyfriend.

plus, today in court, the battle for her life. >> our minds are permanently stained with the images of our poor brother's throat slit from ear to ear. >> shepard: does she deserve to die for that crime. >> each of you get to make your own moral assessment for what is correct. >> shepard: question of mercy for a murderer. a toddler in a stroller tumbles to the tracks and mom rushes to rescue the child. >> i was so frightened for her. >> now it turns out it was a passenger on the platform who may have saved the day. >> but first from fox this thursday night, another top irs official is on the way out because of what the president of the united states calls inexcusable conduct. the official that ran the division that targeted conservative groups says he will retire next month. the president says he forced out the acting commissioner last night. and now he has chosen a new

chief. news conference a reporter from bloomberg news asked the president where he or anybody else at the white house knew about that agency's actions before last month. but the president answered a different question. listen carefully with us to the reporter's question and the president's answer. >> mr. president, i want to ask you about the irs. >> um-huh. >> can you assure the american people that nobody in the white house knew about the agency's actions before your counsel's office found out on april 22nd? >> let me make sure that i answer the specific question. um, i can assure you that i certainly did not know anything about the ig report before the ig report had been leaked through press. >> shepard: that wasn't the question. let's look at the specific question again. the reporter asked can you assure the american people that nobody in the white house knew about the

agency, meaning the irs's actions before your counsel's office found out on april 22nd? the president did not answer that question. at 3:00 p.m. eastern time today we asked the white house for an answer to the question. we have not yet received one. but it seems maybe another network has. wendell goler is on fox top story live at the white house. so, an answer to that specific question? >> well, shep, the folks here saying they first learned of an irs investigation a few weeks ago. they didn't know what it was about. the treatment the irs was giving to tea party groups until reports surfaced in the press and the actual inspector general's report yesterday. meanwhile, the head of the irs division responsible for tax exempt status announced his resignation late today. the acting irs commissioner was fired yesterday. the white house named dan werfle the office of management and budget to be the new acting commissioner. president obama said part of his job is to help instill trust in an agency

that needs it. >> we have got an agency that has enormous potential power and is involved in everybody's lives. and that's part of the reason why it's been treated as a quasiindependent institution. but that's also why we have got to make sure that it is doing its job scrupulously and without even a hint of bias or a hint that somehow they are favoring one group over another. >> texas senator john cornyn calls werfol a white house insider. the appointment does nothing to restore confidence in the irs. shepard? >> shepard: what about republicans' calls for a special counsel? >> well, the president said congress from the white house can fix the problem without a special counsel. you have got three congressional committees

investigating right now, the justice department looking into potential hatch act and civil rights violations. that may not be enough for republicans. kentucky senator mitch mcconnell called on the president to, quote, work openly and transparent whether i congress to get to the bottom of the scandal. he said no stonewalling. no half answers, no withholding of witnesses. for his part the president warned republicans not to make the investigations witch hunts, shepard? >> shepard: wendell goler on the north lawn. wendell got wet out there in the rose garden at the news conference today. luckily the commander and chief the u.s. marines were ready for action. >> while we got a couple of marines will look good next to us just because i want -- i have got a change of suits but i don't know about our prime minister. [ applause ] there we good. that's good. you guys i'm sorry about that. >> couldn't be helped. military officials say against the rules for male marines in uniform to carry

umbrellas unless they are providing cover for the boss. women marines can carry umbrellas but only in their left hand so they can still salute. we learned today that the u.s. government released hundreds of detainees with criminal records into this country. the department of homeland security confirms customs officials set free thousands of detainees earlier this year because of looming budget cuts. and in a letter to two senators, d.h.s., department of homeland security now acknowledges many of them had criminal histories. some had multiple felonies. doug mckel bay with the rest of this from d.c. which customs first released these detainees? the white house said that the group didn't include anybody dangerous. >> yeah, it sure did, shep. it is another case and increasingly long list of misstatements that jay carney has made in recent months. as we now know 622 of those detainees had criminal records. 32 had multiple felony convictions. yet, jay carney said this on february 2 it 7th right after the detainees were

released. >> made clear yesterday, the agency released these low risk, noncriminal detainees under a less expensive form of monitoring to ensure detention levels stayed in ice's overall budget. >> two examples of criminal histories. one had been convicted in an extreme case of dui. harassment and causing criminal damage to property. another had prior convictions for carrying a gun, felony possession of drugs, second degree burglary, vandalism, and trespassing. a pair of bipartisan senators, mccain and levin said in a statement today that disciplinary action be considered for the ice officials responsible. >> we have a secretary of homeland security. she is the one responsible. would they release 2226 people without even consulting her? it was obviously well coordinated because it took place all over the country. the responsibility lies with secretary napolitano.

>> d.h.s. claims that funding for detention beds had been reduced and that the detainees were appropriate candidates for supervised release. shep? >> shepard: doug, a new report on missing terrorist suspects could turn into another controversy at the white house because today a justice department watchdog revealed that more than one known or suspected terrorist went missing last year. they had formerly taken part in the federal witness security program. witness protection, really. and the u.s. marshall service could not find them. officials at the justice department have strongly pushed back on this report. no nope or suspected terrorists are missing and there is no threat to public safety. so why this report? molly henneberg is in d.c. what do we know about those known or suspected terrorists, molly? >> talking about two of them, shep much the justice department says they are, quote: accounted for. they left the witness security program, quote: years ago and left the u.s. what we don't know is why they left or how long they

were off the radar screen of the justice department. but, the fact that as of last july, the u.s. marshall service could not find them troubles some members of congress. >> it is very disturbing, very alarming that we would create a situation where we are giving terrorists a new identity and then not keeping track of them. >> but justice officials say it's a voluntary program and witnesses are free to leave it. shep? >> shepard: and our understanding molly is that some of those witnesses with terror links may have boarded commercial aircraft? >> it's possible. we don't know for sure. it's possible. because people who go into the witness security program are given new names and identities. but the justice department was not authorizing the new names to be put on the no fly list even if they were suspected terrorists. the inspector general's report says, quote: therefore it was possible for known or suspected terrorists to fly on commercial airplanes in or

over the united states. the justice department says that problem has now been fixed. shep? >> shepard: molly henneberg from washington tonight. there was heart break in the courtroom as relatives of the man jodi arias murdered talk about their lives since he died. why did her lawyers try to pull themselves off of her case. americans car bomb attack on u.s. forces. what we have learned coming up from the journalists of fox news on this thursday fox report. raining with patrick willis." come on todd! flap them chicken wings. [ grunts ] well, i travel a lot and umm... [ male announcer ] at visa signature, every upgradedxperience comes from listening to our cardholders. visa signature. your idea of what a card should be.

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woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >> shepard: dramatic testimony from the family of the man whom jodi arias shot, stabbed 27 times. and whose throat she slit. travis alexander's brother and sister each gave emotional statement during the first day of the convicted killer's penalty face. alexander's sister said jodi arias barbarically took her brother's life and robbed the alexander family of so many good memories.

>> we can never get him back. [sobbing] we are so grateful for our wonderful brother and we feel so lucky and blessed for the time we had with travis. however short lived. wield give anything to have him back. >> shepard: jodi arias herself appeared to be crying during that statement. we also learned the people who were trying to save her life earlier this week attempted to quit the case. court minutes show that arias' own attorneys asked for permission to step down. the judge denied the request. the minute does not show why they asked to leave. made things difficult for them when she told fox in phoenix that she prefers the death penalty. trace gal fer is live in our west coast news hub

this afternoon. arias could take the stand tomorrow. the same arias who says she wants to die. >> early monday, shep. there is no court tomorrow. despite the fact that she says she wants to die. her attorneys say she will go into court and she will try to convince the jury to recommend that she get life in prison. but, take a look now at hermit gating factors. one, that she was 27 years old, that she had no prior criminal history, was a good friend, lacked support from her family. suffered abuse and neglect as a child. tried to make the best of her, consistently tried to improve herself and is a talented artist. now you can see why her attorneys wanted to quit the case. here is her attorney talking about jodi arias' artistic it talent. listen. >> and talented artist. at the end of these proceedings, ms. arias will talk to you and you will see some of her artwork. you will see her work. can you judge for yourself. >> not many mitigating factors. jodi arias will also have

an ex-boyfriend and a friend testify on her behalf. shep? >> shepard: it's a tall hill to climb here if you are jodi arias. >> yeah. the big three things going against jodi arias one is the prosecution is allowed to use that interview she gave to our fox affiliate in phoenix saying that she wants to die. two, the jury has already agreed that there were aggravating circumstances the murder was heinous, depraved and cruel, so that lowers the burden. the family impact statement you talked about shep very emotional, very powerful. here is travis alexander's brother with listen. >> travis used to write out his day on flash card. the last one he wrote said to call steve. i never got that call. >> the court adjourned early today. there is no court tomorrow. jodi arias could take the stand on monday. this thing could have a verdict some time early next week shep?

>> shepard: trace gallagher in los angeles. six americans more than a dozen people killed in a car bombing in a u.s. convoy in afghanistan. it is the deadliest attack in kabul in more than two months. the blast was so powerful you could feel it on the other side of town. officials say the american victims included two soldiers and four defense contractors. a militant muslim group is claiming responsibility for the attack at least six people are dead after as many as 10 tornadoes tore across texas. tonight, the damage and the continuing search for people who are still missing. another member of the u.s. military in charge of preventing sexual assault is under arrest. this time, facing charges of harassing his own ex-wife. that's coming up. this is america.

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tornadoes rakes north texas. >> oh my gosh. >> shepard: the national weather service confirms at least five tornadoes hit. but preliminary reports indicate there could be as many as 10. we have a map that shows the spots where people reported tornadoes. the worst hit town, began bury, about 40 mills -- granbury. it carried winds of 200 miles per hour. that's stronger than the maximum sustained winds of hurricane 5 hurricane. the sheriff says it killed six. injured dozens and most troubling of all at least six others are unaccounted for. the tornado touched down yesterday about 8:00 p.m.

local time. when she saw giant hail tak coming down she took cover with her family. >> we were hiding in the bathtub. that's when it started happening. i heard glass shatter itinging. i knew my house was gone. we looked up and like on top of the bathtub we like the whole ceiling was done with. >> shepard: the whole ceiling was gone. the twister damaged or destroyed dozens of homes in began burry. first responders have -- i had a big shot. ain't a piece of it left now. >> shepard: a lot of folks found themselves in similar situations alive but with absolutely nothing left. casey stegall with the astounding pictures from granbury now. casey, what have you seen there today? >> well, shepard, just a lot of sadness really when you go through these

neighborhoods. you talk about the hurricane, the difference, obviously between the damage you see with the hurricane is it is oftentimes as you know very widespread. but with these tornadoes, it's very sporadic. it's very random. let me show you what i am talking about here. right behind me this pile of metal we showed you during state of the "studio b." it's only what's left of a poll barn shredded when the winds came through. on the other side of those structures is a church. we were over there. i can tell you not a single tile missing from that church. let's take you up above from the air. things looks like twisters sort of plopped down and did a whole lot of damage in a circular motion right in the center of granbury. not a real clear cut path. still, catastrophic results. >> if anybody has never been in a war zone, i know now what a war zone looks like and that's what it was it was total devastation over there i managed to make it about a little less than a quarter of a mile in. and it was just total,

total destruction. >> according to the local sheriff here out of the six fatalities two said to be a man and a woman in their 80's, shep? >> shepard: casey stegall live on scene. prior to the latest outbreak the national weather service noted what a slow tornado season last so far. april of last year to may of this year fewer tornadoes than any other point in recorded history. a stroller with a baby inside rolled on to some train tracks but it all turned out okay it happened in philly. look at this. top of the screen. can you see the stroller rolling away from the mother and then out of nowhere, can you imagine? she immediately jumped down on to the rails to save her child. what mother wouldn't. a safety director for the transit system says the real hero may have been a passenger on the platform who pushed the emergency call button. 19 seconds after the baby fell. workers stopped the train on that line and held it until everyone was safe.

continuing coverage now of top story. president obama has chosen a new acting head of the irs as the agency takes heat for targeting conservative groups ahead the 2012 election. and the outgoing irs chief is about to appear in front of congress. we're live on capitol hill with what that may bring. plus, a police officer in hot pursuit of a speeder and he will stop at nothing to track down that car, nothing except ducks. police get the flock out of the way as we approach the bottom of the hour. i got it it's fine. all came out well there. to su. and the brand most recommended by... my doctor. my gynecologist. my pharmacist. citracal. citracal. [ female announcer ] you trust your doctor. doctors trust citracal. [ female announcer ] you trust your doctor. what is it that makes a husqvarna? it's not all the brilliant engineering, no. it's this that makes a husqvarna!

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police officer from portland, oregon encountered some obstacles as he chased a speeder and those obstacles were rather fluffy. >> it started with a speeder 52 in a 35. those graphics are from the portland police as is this music ♪ >> anyway, the cops started chasing the driver. as you can see, police sped up the video to make it more exciting because that's how they roll in portland. but then, trouble. ducks in the street waddling down the road like they owned it and the cop made the call. they needed a police escort. he shoed them off the road out of harm's way. by the way, the speed errors escaped but police in portland, say, his feather accomplices are all doing just fine.

i'm shepard smith. this is "the fox report" it's the bottom of the hour time for the top of news showdown over the scandal at the irs. the acting commissioner who just lost his job is set to testify on capitol hill tomorrow as the acting director. stephan miller will face off against the inspector general who wrote the report on the irs targeting conservative groups. and just in to fox news, sources now say the irs official in charge during tea party targeting now runs healthcare office and is now responsible is for healthcare legislation. sara ha hall ingraham served as commissioner of the office responsible for tax exempt organizations between 2009 and 2012. mike emanuel is live capitol hill. >> congressional sources confirm that sarah hall ingraham is now leading the office that handles the healthcare law under the

new healthcare law there is tremendous power for the irs in terms of enforcement, going after companies that don't implement the law. that don't go along with it it there is also fee collection. so one of the things that people up here on capitol hill are concerned about is they think the american public doesn't realize the full breath of the power, if you will, of the irs, shep. >> shepard: right, mike. i wonder what we are expecting in this hearing tomorrow. >> expect it to be tough. there will be a fair amount of no we didn't, yes, you did, as you have the inspector general sitting next to the outgoing acting commissioner leading republicans are saying they want people to be held accountable. >> what we need certainly is prosecution of people who break the law. but we also need to make sure we have an administration that understands that the irs is not a tool of politics. >> toe the irs was not going after liberal groups. leading democrats up here realized the power of the tax collection agency.

>> the irrelevancy those are three initials. treated fairly. these people are were not treated fairly that was wrong. >> congressional fact gathering tomorrow morning inspector general are side by side in that hearing, shep. >> shepard: mike emanuel on capitol hill. the scandal is also apparently affecting the irs softball team. just cancelled tomorrow's game against senator john cornyn's team according to the texas republican facebook page. no comment from irs players who reportedly call themselves the cheetahs. the irs mess is just one of the headaches for the obama administration. if the white house thought releasing 100 pages of emails on benghazi would silence the critics, it's clear they were wrong. the g.o.p. demanded that the white house release more unclassified documents

were four americans including the ambassador to libya. the republicans' demand in just a moment. key points from the emails that came out last night. they show the back and forth between the officials over what information to reveal to congress and the public. those talking points from sunday morning shows which falsely blame the attack on a spontaneous demonstration. as it turns out a top cia official removed references to terror after the state department expressed concerns about language and suggested it could jeopardize the investigation. it also took out a section that indicated extremists had put out a call for insurgents to storm the agency in cairo. the spokesperson wrote that including the information, quote: could be abused by members warnings so why do we want to feed that either? >> concerned, that email now renewing republican claims that the administration was playing politics. just weeks before last year's election. president obama has flat

out denied that. says it's the republicans who are creating political side show. james rosen with this news at the state department tonight. james? good evening. the state department paint the entire process as one dominated by the central intelligence agency. >> it does confirm that these were cia drafted and cia finalized talking points and this a number of concerns raised in this build were separately on a different track raised in that building as well. >> but in the emails, which were never intended to be seen by the public. cia officials noted poignantly that the changes they made they made chiefly objections raised by the state department. state claim those changes were motivated by desire to protect the fbi investigation. the cia noted that the fbi had no major problems with the talking points. 8 months after the deadly attacks benghazi the fbi has maids no arrest in the case nor disclosed any

instances of perpetrators being brought to justice. the top house republican vowed to continue his investigations on capitol hill. >> when the american people or americans are killed abroad. the government should tell the truth. not shade it or stonewall it for partisan purposes. our system requires the bonds of trust between the american people and their government. and those bonds, once broken, are very hard to repair. >> finally, it is looking like it will either be later this month or early next month when we see sworn congressional testimony by the two co-chairs of the state department board tom pickerring and former chairman of the joint chiefs of staff admirable mike mullen. >> the president says he maked no apologies for security leaks. is he not commenting on department to go after phone records associated press as one of those investigations. but he did today talk about what he calls the balance we have to strike.

>> i make no apologies and i don't think the american people would expect me as commander and chief not to be concerned about information that might compromise their missions or might get them killed. and the flip side of it is we also live in a democracy where a free press, free expression and the open flow of information helps hold me accountable. help holds our government accountable and helps democracy function. >> shepard: the president says he has complete confidence in the attorney general eric holder calling him outstanding attorney general who does his job with intellinging gri at this. catherine herridge is live in the d.c. newsroom this evening. catherine, some republicans are calling for independent investigation into this case revolving around the associated press. >> well, shep, two republican congressman along with 27 house colleagues sent a letter to it attorney general eric holder and his deputy asking for the appointment of a special counsel to investigate whether the seizure phone

records violated the first amendment. one of the sponsors took to the house floor. >> where does all of this end? well, this is where the so-called far left and far right need to embrace each other. whether you are a tea partier or part of the occupy movement, this is about you. >> with the seizure of phone records in four associated press bureaus, including the house of representatives, which logs calls between reporters and lawmakers, republicans see a larger, more fundamental issue at play. >> think about that for a second. now all of a sudden what are you afraid of? i'm not calling that reporter back. because their phone might be tapped. my number may show up on their records. because the justice department has just shown that they're willing to do that. >> the president today also put the focus on a renewed push by democrats for a shield law to protect journalists. >> to the extent that this case has prompted renewed interests about how do we strike that balance properly, and i think now is the time for us to go

ahead and revisit that legislation senator chuck schumer's office says the senior democrat decided monday after the story broke to take up the legislation, the decision that was not driven by the white house, shep. >> shepard: catherine herridge in washington tonight. thanks very much. the head of the sexual assault response program at fort campbell in kentucky sunday arrest and relieved of his post as well. the third member of the military to get in trouble in just two weeks. plus. so most popular suvs on the road have just failed a crash test. we'll show you which cars actually managed to pass d plac. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. seriously, this is really happening! [ cellphone rings ] hello?

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other serious stomach conditions may exist. don't take nexium if you take clopidogrel. relief is at hand for just $18 a month. talk to your doctor about nexium. >> shepard: fox urgent. third time in two weeks the pentagon has taken action against the sexual assault program. this latest investigation at fort campbell army post on the tennessee, kentucky border. officials say the officer turned himself in last night on charges of violating an order of protection and stalking. and they tell us that they have relieved him of his duties. this comes after two other similar cases. just days ago army officials announced they were investigating a sex is assault prevention officer at fort hood for abusive sexual contact. and a week before that, officials charged the head of the same program in the air force with sexual battery. they have since removed him from that position. coincidentally the president today noted that military leaders told him

they are ashamed of their failure to end sexual abuse in the armed forces. jennifer griffin with this from the pelc. jennifer, what do we know? >> well, shep, to show how serious the commander and chief is taking this issue, the president called not just his defense secretary but the entire joint chiefs on to the carpet and over to the white house to discuss the growing problem. 26000 cases last year alone. >> the issue of sexual assault in our armed forces undermines that trust. so not only is it a crime. not only is it shameful and disgraceful, but it also is going to make and has made our military less effective than it can be. >> weeks ago the sandals began to mount. the air force lt. colonel that you mentioned, he was in charge of sexual assault training for the air force here at the pentagon. he was arrested. accused groping. then we learn a sergeant first class at fort hood this week is under investigation for

pandering, running a prostitution ring and abusive sexual contact. tonight, lt. colonel darrin haas of fort campbell has been arrested on allegations of violating a protective order, the third embarrassing case in two weeks alone, shep? >> shepard: jennifer griffin at the pentagon. potential concern for millions of drivers who own small suvs. the institute for highway safety reports just two of the 13 small suv models received even passing grades for front corner impact. officials say it's the first time they have tested small suvs for that type of crash which they claim accounts for about one quarter of all injuries and deaths in frontal crashes. subaru earned top marks for forester. mitsubishi outlander sport got acceptable rating. escape received poor grades. two dead and several others hurt after factory ceiling

collapse tops our news around the world. cambodian, happened south of the capital facility makes a.asix sneakers. heavy iron equipment stored on the floor above appears to have caused the cave-in. comes three weeks after a collapsedctory collapsed in bangladesh and killed 1100 people. nepal plane crashed crashed attempted landing katmandu. police say that aircraft touched down on the run way before it veered to the side and crashed into a nearby river bank. crews rushed everybody to hospitals. bolivia. hundreds of union workers battled police and set up road blocks in the capital city of lapaz. cops fired tear gas to break up the crowds. protesters have been on strikes for weeks demanding

overall of the hengs system. they say the government is refusing to meet their demands. switzerland. a massive diamond fetching a record $26.7 million at auction in geneva. the 101 karat flawless jim the largest of its kind. winning bidder jewelry firm walsh is bought for a billion bucks. and that's a wrap on this fox trip around the world in 80 seconds. >> an entire country is almost out of toilet paper. initial venezuela say the country is seeing a massive shortage. people across the country have been waiting on long lines at supermarkets or pharmacies. officials say they have to import 50 million rolls of toilet paper to boost supplies. the current president blames the shortage on antigovernment forces and the private sector. he says they are trying to destabilize the country. economists on the other

hand say state controlled prices always result in shortages. big new clues in that catastrophic blast that blew through the town of west, texas. investigators now say it is possible that somebody sparked this killer explosion on purpose. and, later, o.j. should he go free? that's the question for a las vegas court during the juice's last ditch pitch for his freedom. so how did that go? in a minute you will know. any e choosing verizon over any other carrier? many choose us because we have the largest 4glte network. others, because of our reputation for reliability. or maybe it's because we've received jd power and associates' customer service award 4x in a row. in the end, there are countless reasons. but one choi.

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>> shepard: investigators say they have not ruled out the possibility that somebody may have intentionally set the fire that caused deadly fertilizer plant explosion in the texas town of west. state and federal officials just a short time ago gave

update on the investigation into that horrifying moment. they say they are looking into at least three possible causes. after collecting evidence from the areas well beyond the blast site. >> the explosion itself caused damage in the 37-block area with the furthest piece of evidence being located two and a half miles away. >> shepard: take a look at this facility before and after the disaster. it's really incredible. the enormous explosion last month killed 14 people. destroyed entire sections of the surrounding town. the chief fox report correspondent jonathan hunt is here. what are these possible causes? >> three very different possibilities outlined by officials at this news conference today. first, the possibility that something went wrong with one of two electrical systems. the 120-volt system. second, that a golf cart that was parked there may have an h. an issue with overheating battery that could have started a fire. thirdly as you said that somebody deliberately set this fire. the investigation by the way is so far cost

$1 million involved more than 100 investigators. 500 people have been interviewed. but the bottom line, the explosions were so powerful that they destroyed much of the evidence that investigators need. hence the fact that we do not yet have a definitive cause. >> shepard: we reported here a couple of days ago that authorities arrested somebody there who had bomb-making materials or explosive materials? >> yeah. his name is brice reid. he was actually arrested last week allegedly with those bomb-making materials. he entered a plea of not guilty to those charges in court yesterday. now, the coincidence here is that he is a texas paramedic who was actually on scene that night as a first responder. but officials didn't want to say much about him at this news conference today. listen. >> at this time, authorities will not speculate possession of the unregistered destructive device has know connection to the west plant

fertilizer explosion. i arepeat. again we will not speculate at this time. >> an atf source went a little further than that with me tonight telling me that at the moment there is no evidence to connect brice reid to the fire afternoon explosion, shep. >> shepard: all right. jonathan hunt, thanks. the lawyer who defended o.j. simpson in his armed robbery trial had a conflict of interest. that from another lawyer today in the appeals trial. right now, the juice is serving a sentence of up to 33 years for a dozen charges, including kidnapping, armed robbery, assault with a deadly weapon. it's all related to that sting operation that o.j. himself organized in vegas back in 2007 when he confronted two memorabilia dealers to get some of his stuff back. o.j. yesterday claimed his lawyer told him it was okay to do that. today a witness testified that lawyer was enabling him and that his high fees meant he was putting his own financial interests ahead of the interest of his client. international soccer star,

fashion icon, husband of posh spice david beckham. what it means to end it like beckham. hear that in his own words next.

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the world appreciate modeling skills as well. today beckham spoke with reporters about his decision to call it quits at the end of this decision. >> over the years, when i have seen players retire, when you ask them about it you will know when you are ready. and i think i know when i'm ready. i think i'm ready. >> he says he wants people to remember him as a hard-working athlete. just a couple of matches left until beck officially retires. before we go, our team's top five things of the day. number a, a federal prison inmate has reportedly sued taco bell parent company claiming the chain stole his idea for dorito lokos tacos. nobody won saturday's jackpot. it has surged to $550 million. number three at least six people are reported dead and dozens of homes are gone after a series of tornadoes slammed north

texas. two senators revealed because of cuts. detainees from custody in february many of whom had criminal records. number one tonight, a second top official is out at the irs. the agency that targeted conservative groups for extra scrutiny. and that's "the fox report's" top five on this day 1929 a hollywood tradition was born with the first academy awards ceremony things were much different back then, duh. sound had just been introduced to movies. so only silent films were up for award. about 250 people attended. tickets? they were five bucks. forget about the expense. the academy had already announced the winners months before the ceremony. that changed in 1940 with the start of those iconic envelopes. but oscar first arrived in tinseltown 84 years ago today. and they have been loving themselves ever since,

haven't they now you know the news for this thursday, may 16th, 2013. i'm back tomorrow, noon pacific, 3:00 eastern for "studio b." back here for fox report right before this happens. >> bill: the o'reilly factor is on. tonight: >> my main concern is fixing the problem. >> and there are plenty of them to be fixed. the president is facing scrutiny on three fronts. >> when we express concern about leaks at a time when i still have got 60,000 plus troops in afghanistan, my job is to make sure that we're protecting what they do. >> tonight, we will update you on where all the controversy stands and talk to three individuals who are very skeptical of mr. obama charles krauthammer, congressman darrell issa, and laura ingraham will weigh in. why are you mounting this kind of support for him? >> t